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SECTION IV-GENERAL
<br /> A. STANDARD OF CARE
<br /> Professional services provided under this Agreement will be conducted in a manner consistent with
<br /> that level of care and skill ordinarily exercised by members of the CONSULTANT'S profession
<br /> currently practicing under similar conditions. No warranty,express or implied,is made.
<br /> B. CHANGE IN PROJECT SCOPE
<br /> In the event the CLIENT changes or is required to change the scope or duration of the project from
<br /> that described in Exhibit I,and such changes require Additional Services by the CONSULTANT,
<br /> the CONSULTANT shall be entitled to additional compensation at the applicable hourly rates. To
<br /> the fullest extent practical,the CONSULTANT shall give notice to the CLIENT of any Additional
<br /> Services,prior to furnishing such Additional Services. The CONSULTANT shall furnish an
<br /> estimate of additional cost,prior to authorization of the changed scope of work and Agreement will
<br /> be revised in writing.
<br /> C. LIMITATION OF LIABILITY
<br /> 1. General Liability of CONSULTANT.For liability other than professional acts,errors,or
<br /> omissions,and to the fullest extent permitted by law,CONSULTANT shall indemnify,defend
<br /> and hold harmless CLIENT from losses,damages, and judgments(including reasonable
<br /> attorneys' fees and expenses of litigation)arising from claims or actions relating to the Project,
<br /> provided that any such claim,action,loss,damages,or judgment is attributable to bodily injury,
<br /> sickness,disease,or death,or to injury to or destruction of tangible property,but only to the
<br /> extent caused by the acts and omissions in the non-professional services of CONSULTANT or
<br /> CONSULTANT'S employees, agents, or subconsultants.
<br /> 2. Professional Liability of CONSULTANT. With respect to professional acts,errors and
<br /> omissions and to the fullest extent permitted by law,CONSULTANT shall indemnify and hold
<br /> harmless CLIENT from losses, damages, and judgments (including reasonable attorneys' fees
<br /> and expenses of litigation)arising from third-party claims or actions relating to the Project,
<br /> provided that any such claim,action,loss,damages,or judgment is attributable to bodily injury,
<br /> sickness,disease,or death,or to injury to or destruction of tangible property,but only to the
<br /> extent caused by a negligent act,error or omission of CONSULTANT or CONSULTANT'S
<br /> employees,agents,or subconsultants. This indemnification shall include reimbursement of
<br /> CLIENT'S reasonable attorneys' fees and expenses of litigation,but only to the extent that
<br /> defense is insurable under CONSULTANT's liability insurance policies.
<br /> 3. General Liability of Client.To the fullest extent permitted by law and subject to the maximum
<br /> limits of liability set forth in Minnesota Statutes Section 466.04,CLIENT shall indemnify,
<br /> defend and hold harmless CONSULTANT from losses,damages, and judgments(including
<br /> reasonable attorneys' fees and expenses of litigation)arising from third-party claims or actions
<br /> relating to the Project,provided that any such claim,action,loss,damages,or judgment is
<br /> attributable to bodily injury, sickness,disease,or death,or to injury to or destruction of tangible
<br /> property,but only to the extent caused by the acts or omission of CLIENT or CLIENT'S
<br /> employees,agents,or other consultants.
<br /> Public Standard Form—MN Page 5 of 11 2019(20190712)
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